Golfer who beat swan avoids jail

Published Saturday, June 30, 2001

WEST PALM BEACH (AP) -- A golfer will avoid going to jail on an animal-cruelty charge filed nearly six months after he fatally clubbed an exotic black swan with a driver at Donald Trump's golf retreat.

Harry Wagner, of New York, entered into an agreement with prosecutors Friday that will result in the case against him being dismissed, said attorney Doug Duncan.

Wagner was charged Thursday with the misdemeanor, which carries a maximum penalty of one year in jail and a $5,000 fine.

The deal frees Wagner of having to enter a plea to the charge. He must perform 30 hours of community service at a New York animal rescue league, make a contribution of $2,500 to an animal rescue league in West Palm Beach and reimburse the Palm Beach County Sheriff's up to $800 for the cost of investigating the case, all within six months, Duncan said.

''If all is done within three months, the case would be dismissed,'' Duncan said.

The swan, who was named Alex, was killed Dec. 29 at the posh Trump International Golf Club near the 17th hole.

The Australian import was one of four given to Trump by a close friend, the late New York realtor Ed Gordon. One of the swans was killed earlier by an alligator, leaving two at the club, which also has about 20 white swans.

Wagner, who was golfing with member Eli Milch, a physician and part-time Palm Beach resident, admitted he killed the bird with a titanium driver but said he did it to defend other golfers, court records show.

Milch's two young sons, who were golfing with the men, weren't threatened by the swan, Milch told investigators. He said the swan was 6 feet tall and had attacked people in the past, court records show.

The body of the swan disappeared, possibly carried away by wild animals. It could have provided additional forensic evidence to support a felony charge, said Mike Edmondson, spokesman for the state attorney's office.

The felony charge would have carried a maximum penalty of five years in jail and a $10,000 fine.

''He should not have killed the swan,'' Trump said through a spokeswoman.